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Pot cookies decriminalized by court

The Cannabis Buyers Club of Canada in Victoria is all cheers after winning a court appeal decision that found a ban on marijuana edibles is "of no force and effect" if someone has a permit to possess pot.
BRANDI WOODS, CANNABIS BUYERS CLUB OF CANADA

Canadian government has one year to acknowledge that those who carry marijuana-possession permits are allowed to use pot cookies, oils, gels, ointments and other forms that aren’t considered “dried” herb.

The order came from the B.C. Court of Appeal after a Victoria-based group successfully won a constitutional argument to have the ban on alternative forms of marijuana “declared of no force and effect.”

In a split ruling, the court decided on Thursday that those who don’t want dried marijuana could have their physician provide an exemption for “edible or topical cannabis.”

Ted Smith, founder of the Cannabis Buyers Club of Canada, said winning this case would’ve amounted to the 15th time his society has successfully challenged marijuana violations.

Smith has no qualms about admitting the fact his storefront is illegal — he said his organization does what it does as a health service.

“We just get protected by the courts after we get arrested,” he said.

“We open up our doors right away after the raids and have never slowed down.”

He said many patients refuse to smoke weed for treatment — and yet, are worried about using edible or topical forms of the drug because of its legal status.

“This is giving us, and our members, a huge peace of mind. For patients to feel like criminals because they need medicine that’s illegal, that’s absurd.”

The case began in 2009 when employee Owen Smith — no relation to Ted — was arrested and charged with two marijuana trafficking counts after he was caught running a pot bakery out of an apartment.